Hempstead pursuing eminent domain to seize supposedly seedy motel

Scandalous activity at the Capri Motor Inn in West Hempstead has inspired the town to launch an effort to seize the property, a move that has triggered controversy.

The Hempstead Town Board passed a resolution this month to take the first step to take over the Hempstead Turnpike property through eminent domain, Newsday reported. The resolution was adopted without discussion and a hearing has been scheduled for the first week of December to condemn the 84-key motel.

The town shut the motel down in August amid a slew of concerns that included allegedly received complaints of prostitution, narcotics activity and other criminal behavior at the property. There were also alleged safety violations, such as rusty staircase and issues with the fire alarm system and electrical wiring.

But the motel remaining closed may undermine the town’s motivation to seize the property. Stefan Krieger, a law professor at Hofstra University, told Newsday the board’s rationale that the motel is a “nuisance” is unusual and even illogical if it isn’t open.

Eminent domain typically comes into play when a municipality deems it necessary to take control of a private property for public use, paying fair market value for the property. Ownership can fight the eminent domain process if it believes the seizure to be unnecessary or unjust.

L&S Realty Co. LLC owns the motel and sued the town in August, alleging a violation of its constitutional right to due process. The owner sought $500,000 in damages and injunction in the case, which came after the town padlocked the motel.

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Attorneys for the motel said the town shut down the property “under the guise of a fire and building inspection,” failing to provide any communication or warning beforehand. The town didn’t necessarily disagree with that assessment, but said the conditions of the property made it “impractical” to provide notice ahead of time.

In late August, a state judge denied the motel owner’s request for a preliminary injunction to keep the property open. Weeks later, lawyers for the motel dropped the lawsuit before a scheduled hearing.

— Holden Walter-Warner